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HomeMy WebLinkAbout1996-116 - Agreement for Confinement of PrisonersBILL NO. 96- ~' `- ORDINANCE NO. 96- ~~ AN ORDINANCE APPROVING THE AGREEMENT FOR CONFINEMENT OF PRISONERS ("AGREEMENT") AND AUTHORIZING AND DIRECTING THE MAYOR, CITY CLERK AND OTHER CITY OFFICIALS TO EXECUTE AND DELIVER THE AGREEMENT ON BEHALF OF THE CITY AND APPROVING ACTIONS RELATED THERETO. WHEREAS, the City of Riverside, Missouri ("City") wishes to utilize additional facilities for confinement of prisoners charged with and/or convicted of violation(s) of its ordinance(s) ("City Prisoners"); WHEREAS, Security Housing Specialists, Inc. ("5HS") maintains and operates a detention facility in Lathrop, Missouri for the confinement of persons charged with and/or convicted of violation(s) of municipal ordinance(s) ("Facility"); WHEREAS, SHS has offered its Facility to the City for confinement of City Prisoners and has represented that it is capable of supervising them properly; WHEREAS, subject to the terms and conditions set forth in the Agreement, the City desires to accept SHS' offer to obtain custody of and confine City Prisoners in the Facility; NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri: Section 1. That conditioned upon SHS obtaining the insurance required in the Agreement, the Agreement is approved and the Mayor, City Clerk and other City officials are authorized and directed to execute the Agreement, in substantially the form attached with such changes as such officials approve, execution of such agreements being conclusive evidence of such approval. Section 2. The Mayor, City Clerk, and other City officials are authorized and directed to take such further actions as are necessary or desirable to consummate the transactions contemplated by the Agreement. Section 3. This ordinance shall take effect immediately. Passed this ~~~day of October, 1996. ATTEST: CITY CLERK ._ ~_ MAYOR J : \61492\00(X19\AGREEMT.ORD AGREEMENT FOR CONFINEMENT OF PRISONERS THIS AGREEMENT is made ~ (~`~ 1996 by Security Housing Specialists, Inc., a Missouri corporation doing business as a detention facility in Lathrop, Missouri ("SHS") and the City of Riverside, Missouri (the "City"). WITNESSETH A. The City wishes to utilize additional facilities for confinement of prisoners charged with and/or convicted of violation(s) of its ordinance(s) ("City Prisoners"). B. SHS maintains and operates a detention facility in Lathrop, Missouri for the confinement of persons charged with and/or convicted of violation(s) of municipal ordinance(s) ("Facility"). C. SHS has offered its Facility to the City for confinement of City Prisoners and has represented that it is capable of supervising them properly. D. The City desires to accept SHS offer to obtain custody of and confine City Prisoners in the Facility. NOW, THEREFORE, the parties, in reliance upon and in consideration of the mutual promises to each other made, as herein set forth, agree as follows: 1. TERM: The term of this Agreement shall commence on the date hereof, and shall continue until terminated pursuant to this Agreement. 2. CONSIDERATION: During the term of this Agreement and pursuant to the terms and conditions of this Agreement, SHS will provide space for inmates at the Facility as it is available and the services set forth in this Agreement, perform its duties under this Agreement, and the City will pay Thirty-five and No/100 Dollars ($35.00) per City Prisoner confined per day as set forth in Paragraph 3 below ("Rate"). 3. BILLING AND PAYMENT: On or before the first day of each month during the term of this Agreement, SHS shall submit a written statement to the City listing the name of each City Prisoner, the number of days of care provided for such City Prisoners in the preceding month, the individual cost thereof for the preceding month at the Rate and the total cost for all such of City Prisoners with SHS verification of same. The cost for the City for confinement shall be computed by including the day the City Prisoner is received by SHS and excluding the day the City Prisoner is released by SHS (unless the City Prisoner is released by SHS on the same day the City Prisoner is received by SHS). The City shall cause payment to be made to SHS no later than thirty (30) days after SHS's written statement has been received by the City. 4. NOTIFICATION OF ESCAPE: If any City Prisoner escapes from SHS, the City's chief law enforcement officer or an authorized representative shall be notified as soon thereafter as practicable by SHS or a designee, giving date of escape, name of escapee and person reporting escape. 5. SERVICES: SHS shall provide the following services in the following manner: A. Administration 1) SHS shall have an up-to-date manual, subject to review by the City, which describes the purpose, philosophy, programs, services and policy of the Facility for all elements of work contained herein, and SHS and its officers, employees and agents must operate according to this manual. A copy of this manual, including any and all revisions, will be provided to the City upon request. 2) SHS shall have written emergency and evacuation plans, including floor plans for evacuation, covering such emergencies as fire, natural disaster or severe weather. The plans shall be given to each new City Prisoner upon arrival. The plans shall be posted in conspicuous locations in the facility. Evacuation drills will be conducted at least quarterly when a representative number of City Prisoners are available and documented. 3) SHS shall attend and participate in meetings with the City for the purpose of technical overview of performance under this Agreement, including programs, problems encountered, and recommendations for improvement of the system under which City Prisoners are being subjected. 4) No City Prisoner shall have the authority to supervise other City Prisoners. 5) The use of physical force shall be resorted to only in instances of justifiable self-defense, prevention of Loss or damage to property, or the prevention of self inflicted harm, and only to the degree then necessary. Safety of City Prisoners and staff will be given the highest priority in such policy. 6) SHS shall conduct searches of the facility and City Prisoners, and personal belongings of the City Prisoners as needed and permitted by law. 7) SHS shall ensure that when co-correctional facilities are provided under this Agreement, appropriate procedures shall be established for separation by gender for all facilities. 8) SHS shall ensure that City Prisoners are not segregated based on race and that there is no unlawful discrimination in treatment of City Prisoners. -z- B. Personnel 1) SHS shall ensure that there is adequately trained staff on the premises, staff who are awake, dressed, and available and responsible to each City Prisoner's needs twenty-four (24) hours per day, seven days a week. 2) SHS shall maintain written job descriptions which accurately describe current duties for all positions performing services under this Agreement. The job descriptions shall be given to each employee and SHS shall ensure that each employee properly performs such duties. 3) SHS shall identify, establish and follow minimum employment qualifications for all staff performing services under this Agreement. 4) SHS shall prohibit fraternization of a social or business nature between staff and City Prisoners. C. Transportation -SHS shall provide a secure method of adequately insured transportation for City Prisoners in the following circumstances: a. to and from court while in SHS custody; b. to SHS from the City after an arrest; c. to SHS from the City after sentencing; and d. as otherwise reasonably requested by the City. D. Facility 1) SHS shall conform to all applicable zoning ordinances, laws and codes, and local building, sanitation, health and fire codes. 2) SHS shall conform and shall have documentation confirming adherence to local laws, ordinances, and codes, and state and federal laws and regulations where applicable, or shall document non-applicability. 3) Sleeping quarters shall be well lighted and ventilated. Each City Prisoner shall be supplied with bed, necessary bedding, and space for storage and personal articles. 4) SHS shall provide and designate adequate space to meet requirements imposed by reason of federal, state or local government laws, ordinances, regulations or court decisions relating to confinement of City Prisoners. 5) SHS shall provide sufficient toilets, wash basins and bathing facilities within the facility. -3- E. Safety and Sanitation 1) SHS is required to meet fire safety requirements imposed by federal, state or Local law. 2) SHS shall ensure that the facility and surrounding outside areas are kept in a clean and sanitary condition at all times. This shall include a daily method of inspection and a weekly documented inspection covering all areas. 3) City Prisoners in need of emergency medical and dental services shall be referred to a local hospital immediately SHS shall then immediately notify the City. City Prisoners in need of non-emergency services shall be provided these services at the local clinic, seen by our local medical advisor. If a serious medical condition develops with an inmate, the City and the court will immediately be notified for approval to proceed with proper protocol. 4) SHS shall furnish each City Prisoner three (3) meals daily, meeting or exceeding the USDA minimum requirements for nutrition for adults. 5) Upon request, SHS shall provide limited personal items including clothing, personal items, bath soap, toothpaste, bed linen, towel, wash cloth, all at no cost to the City. 6) All City Prisoners shall be subject to the disciplinary procedures of SHS and the City. City personnel will assist in disciplinary proceedings at the request of SHS. F. Release of City Prisoners -The City shall provide written authority to SHS as to time and date of City Prisoner's release and at such time SHS shall promptly release such City Prisoner. G, Miscellaneous 1) If a conflict arises between the procedures of SHS and the City, the City9s procedures shall govern. 2) The services not provided for by SHS include medical care, dental care, and prescription medications. All other services required under this Agreement shall be provided at no cost to the City other than the consideration set forth in Section 2 of this Agreement. 6. DISCLOSURE: SHS agrees that it, its officers, agents and employees, shall not disclose information as to the past criminal record of any City Prisoner, except as specifically authorized in writing by the City, and agrees to hold the City harmless in the event of civil suit -4i- growing out of the disclosure by SHS, its officers, agents or employees, of any unauthorized information. 7. DOCUMENTATION REQUIRED BY THE CITY: SHS certifies that upon request it will furnish the City any and all documentation, certification, authorization, license, permit or registration currently required by the laws or rules and regulations of the County of Caldwell, other units of local government, the State of Missouri or the United States and all other documentation reasonably requested by the City. SHS further certifies that it is now in and will remain in compliance with such governmental agencies and that it will keep its license, permit, registration, authorization and certification in force during the term of this Agreement. Failure of SHS to comply with this paragraph shall constitute a material breech of this Agreement. 8. INDEPENDENT CONTRACTOR: SHS is an independent contractor as that term is commonly used and is not an employee of the City. As such, SHS is solely responsible for all taxes and none shall be withheld from sums paid to SHS, 9. INDEMNIFICATION: SHS shall hold harmless and indemnify the City and its elected or appointed officers, agents, servants and employees ("City, et al. ") for all sums for which they may be held liable, including but not limited to compensatory damages, punitive damages, costs of defense, claims, investigation expenses and other expenses, which arise in whole or in part due to the alleged conduct, whether negligent, intentional, willful, wanton, malicious or outrageous, of SHS, its officers, agents, employees or invitees. In agreeing to indemnify and hold harmless as described herein, SHS agrees to assume the defense of any lawsuit, with counsel reasonably acceptable to the City, wherein the City, et al. is named as a defendant or as a co-defendant with SHS. Included in this assumption of defense is SHS's agreement to defend the City, et alo against any claims whatsoever on account of any alleged conduct, whether negligent, intentional, willful, wanton, malicious, or outrageous, on the part of the City, et al. for retaining SHS to provide services pursuant to this Agreement or any allegations with respect to the City's (and/or its elected or appointed officers, agents, servants and employees) supervision, training, management, review, or original or continuing retention of SHS. 10, AUDIT: SHS shall keep itemized records of all services performed by it pursuant to this Agreement according to generally accepted accounting principals and the City shall have the right, upon request, to examine such record at any reasonable time. 11. BINDING ON SUCCESSORS AND ASSIGNS: The terms and conditions of this Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors, legal representatives and assigns. 12, AMENDMENT: This Agreement may be amended, modified or supplemented only be a written instrument signed by the party against whom enforcement of such amendment, modification or supplement is sought, and any such amendment may pertain to one or more of the provisions of this Agreement without affecting the other provisions of this Agreement. -5- 13. EXTENT OF AGREEMENT: The headings of the several sections contained herein are for convenience only and do not define, limit, or construe the contents of such sections. All negotiations, considerations, representations and understandings between the parties are incorporated herein. 14. ASSIGNMENT PROHIBITED: SHS may not assign this Agreement or interest therein, and will not suffer or permit any assignment of this Agreement by operation of law, without the prior written consent of the City. The giving of any such consent shall not release or discharge SHS from the performance of its duties and obligations under this Agreement. SHS may not delegate any of its duties hereunder. 1S. LEGAL CONSIDERATION: This Agreement is to be governed by and construed according to the laws of Missouri. 16. INSURANCE: SHS shall have in force throughout the life of this Agreement a comprehensive general liability policy which includes civil rights coverage covering all damages due to the condition of SHS premises or due to the operation of the facility, whether arising out of any act or omission, either willful or negligent, of SHS, its officers, employees, agents, or invitees. This policy of insurance shall be at least One Million and No/100 Dollars ($1,000,000.00) for personal and bodily injury and One Hundred Thousand and No/100 Dollars ($100,000.00) for property damage. SHS shall maintain automobile insurance covering the transporting of City Prisoners by SHS in an amount not less than $500,000. SHS will name the City as an additional named insured on all SHS's policies and will provide the City with Certificates and proof of insurance as evidenced by copies of such endorsements. The insurance shall not be cancelled without the City being provided in writing thirty (30) days' notice of cancellation. Within that thirty (30) day period, SHS shall provide a new insurance certificate(s) meeting the foregoing requirements. 17. NOTICES: All notices required or desired to be given under this Agreement shall be in writing and shall be served via certified mail, postage pre-paid, return receipt requested. 18. TERMINATION: This Agreement may be terminated by the City or SHS by giving written notice to the other party at Least thirty (30) days in advance of the termination date set forth in the notice. The termination of this Agreement shall not effect any of the rights or obligations of either party to this Agreement accruing prior to such termination date. 19. RENEWAL: Subject to Section 23 of this Agreement, this Agreement shall be automatically renewed under the same terms and conditions herein stated unless at least thirty (30) days prior written notice to terminate is delivered by either party. Good-faith negotiations between the parties may occur to compensate for fair and reasonable increases and decreases in the cost of providing said custody during the period of any renewal of this Agreement. These negotiations shall take place during the thirty (30) day notice period required for renewal of this Agreement and any change in consideration shall be subject to approval by the Board of Aldermen of the City. -6- 20. THIRD PARTIES WITH JURISDICTION: Should Missouri, or any other party with jurisdiction, legally impose any new regulations upon SHS's facility for confinement of City Prisoners that directly increase the cost to SHS of providing confinement of City Prisoners, the City agrees to enter good faith negotiations with SHS to increase the consideration paid to SHS based upon the increased cost. 21. ANTI-DISCRIlVIINATION CLAUSE: During the performance of this Agreement SHS agrees as follows: A. SHS will not discriminate against any employee or applicam for employment because of race, color, religion, sex, national origin or handicap. SHS will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, color, religion, sex, handicaps or natural origin. Such action shall include, but not be limited to, the following 1) employment, upgrading, demotion or transfer; 2) recruitment, or recruitment advertising; 3) lay-off or termination; 4) rates of pay or other forms of compensation; and S) selection for training, including apprenticeship. SHS agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause. B. SHS will, in all solicitations or advertisements for employees placed by or on behalf of SHS, state that all qualified applicants receive consideration of employment without regard to race, color, religion, sex, handicaps or national origin. 22. APPROPRIATIONS: The City and 5HS agree that if the City fails to appropriate funds needed to make payments for the City's coming fiscal year, the City shall not be required to make the payments provided for above and this Agreement shall be terminated effective the first day of the fiscal year. 23. OTHER AGREEMENTS: Nothing in this Agreement shall prevent the City from entering into other agreements with other providers for housing of City Prisoners. -7- IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. SHS: CITY: A T: City Clerk SECURITY HOUSING SPECIALISTS, INC. Name: 7777 %~~ C-`~ ~o ~c < 1 ~p Title. C'~"i'~~~ra~i ic~~ ~~g N'~C-~~ i? CITY OF RIVERSIDE, MISSOURI c f ~ ~ BY~ r~ / 1 ~ -- ~ ~ ayor -8-